United States v. Bryan Hiser

MEMORANDUM

The United States appeals Bryan His-er’s sentence imposed after he pled guilty to two counts of violating 18 U.S.C. § 922 (g)(1). The United States contends that the district court erred in determining that Hiser’s prior burglary convictions did not constitute crimes of violence for purposes of sentence enhancement according to U.S.S.G § 2K2.1(a)(2). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

We review the district court’s interpretation of the sentencing guidelines de novo. United States v. Alvarez-Hernandez, 478 F.3d 1060, 1063 (9th Cir.2007). Hiser’s prior two convictions were for burglary in violation of Nev.Rev.Stat. 205.060. Nevada’s burglary statute is facially broader than the generic definition of burglary because it “does not require the entry to have been unlawful in the way most burglary laws do.” Descamps v. United States, — U.S. —, 133 S.Ct. 2276, 2282 , 186 L.Ed.2d 438 (2013). Nevada has long since eliminated “[t]he common-law vestige of ‘breaking’ as an element in the crime of burglary.” McNeeley v. State, 81 Nev. 663 , 409 P.2d 135, 136 (1965) (citing State v. Watkins, 11 Nev. 30 (1876)). Under Nevada’s statute, consent to entry is…